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Filing # 36085722 E-Filed 01/04/2016 10:23:29 AM
IN THE CIRCUIT COURT IN AND FOR
BROWARD COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.: 2015 CA 021373 (08)
MIAMI AUTO MAX, INC.,
D/B/A CAR DEPOT OF MIRAMAR,
Plaintiff,
vs.
ANTWANI J. MISE GORDON,
YOLANDA NICOLE WATKINS-GORDON, and
OCEAN HARBOR CASUALTY INSURANCE.
COMPANY
Defendants.
/
DEFENDANT’S ANSWER AND AFFIRMATIVE DEFENSES
COMES NOW the Defendant, OCEAN HARBOR CASUALTY INSURANCE COMPANY
(hereinafter referred to as the “Defendant”, by and through its undersigned counsel and hereby
files its Answer to Plaintiff's complaint as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4, Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
8. Admitted.
9. Denied. Defendant demands strict proof thereof at the time of trial.
Our File # 15-1008
** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 1/4/2016 10:23:29 AM.****10. Defendant has no reasons to deny the allegations at this time. Discovery is
ongoing.
14. Defendant admits that on May 31, 2015, the insurer issued a policy of insurance
for the 2007 Toyota Corolla, under Policy No. JAJ-2967232-01, providing all coverage(s)
purchased subject to all the terms and conditions of the insurance policy.
12. Defendant has no reasons to deny the allegations at this time. Discovery is
ongoing.
13 Defendant has no reasons to deny the allegations at this time. Discovery is
ongoing.
14, Defendant has no reasons to deny the allegations at this time. Discovery is
ongoing.
15. Defendant has no reasons to deny the allegations at this time. Discovery is
ongoing.
16. Defendant has no reasons to deny the allegations at this time. Discovery is
ongoing.
17. Defendant has no reasons to deny the allegations at this time. Discovery is
ongoing.
18. Admitted,
19. Defendant admits receipt of the letter in question. All other allegations are
denied,
20. Defendant admits to the mailing of the letter in question. All other allegations are
denied.
21. Defendant is without knowledge and, thus, denies the allegations and demands
strict proof thereof at the time of trial.
Our File # 18-100822. Defendant admits to the mailing of the letter in question. All other allegations are
denied.
23. Denied as worded. Defendant demands strict proof thereof at the time of trial.
24. Defendant admits to the mailing of the letter in question. All other allegations are
denied.
25. Admitted to the extent that the Defendant has not issued any payments under
Policy No. JAJ-2967232-01. All remaining allegations are denied.
26, Defendant has no reasons to deny the allegations at this time but denies any
breach on the part of the Defendant.
27. Admitted to the extent that the Defendant has not issued any payments under
Policy No. JAJ-2967232-01. All remaining allegations are denied.
28, Admitted to the extent that the Defendant has not issued any payments under
Policy No. JAJ-2967232-01. All remaining allegations are denied.
29. Defendant has no reasons to deny the allegations at this time but denies any
breach on the part of the Defendant.
30. Denied as to any breach on the part of Defendant. Defendant admits to the
applicability of Fla, Stat. 627.428
31. Admitted.
RESPONSE TO COUNTI
32. Defendant incorporates paragraph 1-31 as though fully admitted herein.
33. Defendant demands strict proof thereof at the time of trial.
34, Defendant demands strict proof thereof at the time of trial.
35. Defendant demands strict proof thereof at the time of trial.
36. Defendant demands strict proof thereof at the time of trial.
37, Defendant demands strict proof thereof at the time of trial.
Our File # 15-100838.
39.
40.
41.
42.
43.
44,
45.
A6.
47.
48.
49.
50.
51.
92.
53.
54,
55.
56.
57.
58.
59.
60.
61.
Our Fite # 15-1008
Defendant demands strict proof thereof at the time of trial.
Defendant demands strict proof thereof at the time of trial.
Defendant demands strict proof thereof at the time of trial.
Defendant demands strict proof thereof at the time of trial,
Defendant demands strict proof thereof at the time of trial.
Admitted,
RESPONSE TO COUNT II
Defendant incorporates paragraph 1-31 as though fully admitted herein.
Defendant demands strict proof thereof at the time of trial.
Defendant demands strict proof thereof at the time of trial.
Defendant demands strict proof thereof at the time of trial.
Defendant demands strict proof thereof at the time of trial.
Defendant demands strict proof thereof at the time of trial.
Defendant demands strict proof thereof at the time of trial.
Defendant demands strict proof thereof at the time of trial.
Defendant demands strict proof thereof at the time of trial.
Defendant demands strict proof thereof at the time of trial.
Defendant demands strict proof thereof at the time of trial.
Defendant demands strict proof thereof at the time of trial.
Defendant demands strict proof thereof at the time of trial.
Admitted.
RESPONSE TO COUNT III
Defendant incorporates paragraph 1-31 as though fully admitted herein.
Defendant demands strict proof thereof at the time of trial.
Defendant demands strict proof thereof at the time of trial,
Defendant demands strict proof thereof at the time of trial.62,
63.
64.
65.
66.
67.
68.
69.
70.
71.
Defendant demands strict proof thereof at the time of trial.
Defendant demands strict proof thereof at the time of trial.
Admitted.
RESPONSE TO COUNT IV
Defendant incorporates paragraph 1-31 as though fully admitted herein
Denied. Defendant demands strict proof thereof at the time of trial.
Denied as worded, Defendant demands strict proof thereof at the time of trial.
Denied as worded. Defendant demands strict proof thereof at the time of trial.
Denied. Defendant demands strict proof thereof at the time of trial.
Denied. Defendant demands strict proof thereof at the time of trial.
Denied as to any breach on the part of Defendant. Defendant demands strict
proof thereof at the time of trial.
72,
Denied as to any breach on the part of Defendant. Defendant demands strict
proof thereof at the time of trial.
73.
Denied as to any breach on the part of Defendant. Defendant demands strict
proof thereof at the time of trial.
74,
Denied as to any breach on the part of Defendant. Defendant demands strict
proof thereof at the time of trial.
75.
76.
77.
78.
Admitted.
RESPONSE TO COUNT V
Defendant incorporates paragraph 1-31 as though fully admitted herein
Admitted for purposes of this Count.
Denied as to any breach on the part of Defendant. Defendant demands strict
proof thereof at the time of trial.
79,
Our Fite # 15-1008
Denied as to any breach on the part of Defendant. Defendant demands strictproof thereof at the time of trial.
80. Denied as fo any breach on the part of Defendant. Defendant demands strict
proof thereof at the time of trial.
81. Denied as to any breach on the part of Defendant. Defendant demands strict
proof thereof at the time of trial.
82, Denied as to any breach on the part of Defendant. Defendant demands strict
proof thereof at the time of trial.
83. Denied as to any breach on the part of Defendant. Defendant demands strict
proof thereof at the time of trial.
84, Denied as to any breach on the part of Defendant. Defendant demands strict
proof thereof at the time of trial.
85. Denied as to any breach on the part of Defendant. Defendant demands strict
proof thereof at the time of trial.
86. Denied as to any breach on the part of Defendant. Defendant demands strict
proof thereof at the time of trial.
87. Admitted.
AFFIRMATIVE DEFENSES
88. Defendant asserts that there is no coverage for this loss as the policy of
insurance in question was canceled prior to the loss in question. Specifically, on May 31, 2014,
a policy of insurance, bearing Policy Number JAJ-2967232-01 was issued for Yolanda Watkins-
Gordon for coverage of a 2007 Toyota Corolla. (See Ex “A") On July 8, 2014, the insured was
provided with a Notice of Cancellation due to the insured's failure to pay for his insurance
premiums. (See Ex “B") The notice provided for a cancellation date of July 31%, 2014, affording
the insured an opportunity to make his premium payments. The insured missed the deadline
and the policy canceled as of July 31°, 2014. On August 11, 2014, a draft was issued to the
insured for $20.01 in unearned premiums and was accepted by the insured. According to
‘Our File # 15-1008Plaintiffs Complaint, the automobile accident in question occurred sometime between
September 19", 2014 and December 16", 2014. (See Paragraph 13 of Plaintiffs Complaint)
89. Defendant asserts that the Plaintiff, as a lienholder to the vehicle in question, or
even as a third party beneficiary if the Court finds the Plaintiff to be one, does not have legal
standing to sue the insurer, Ocean Harbor, to enforce the insurance contract between Ocean
Harbor and its insured.
WHEREFORE Defendant, OCEAN HARBOR CASUALTY INSURANCE COMPANY,
respectfully requests a judgment in its favor and any other relief deemed just and proper by the
court, including the award of attorney's fees and costs if permitted by law
CERTIFICATE OF SERVICE
| CERTIFY that a copy hereof has been furnished this 4" day of January, 2016, to: Alan
K. Marcus, Esquire, MARCUS LAW CENTER, LLC, via designated e-mail service:
amarcus@marcuslawcenter.com
LAWRENCE D. POPRITKIN, P.A.
Staff Counsel for Defendant
11575 Heron Bay Blvd., Suite 102
Coral Springs, Florida 33076
(954) 791-7240 Telephone
(954) 791-7331 Facsimile
Designated E-Mail Address:
Filings@idplaw.net
BY:/s/ Lawrence D. Popritkin
Lawrence D. Popritkin, Esq.
Florida Bar No. 0119946
Our File # 15-1008CEAN HARBOR CASUALTY INS. CO PAGE 1 OF 2 IF AMEXDED, THIS DECLARATION PAGE
>.0, BOX 451119 SUPERSEDES ALL VRIOR DECLARATIONS
junrise, FL 33345-1119 oF covmraces
rww. Pear lHolding.com
JUPLICATE Date ofissue: 12/19/15
“SROLICY. NUMBER =] AT DATE OF LOSS PRODUCER CODE
JAI-2967232-01 DECLARATIONS 7302
For a copy of the policy terms and conditions please go to www. v-RearlHolding.c com. and click on “Policy Terms & Condition:
IAMED INSURED. AND. MAILING ADDRESS. Ee RODUCER s
YOLANDA N WATKINS GORDON ADMIRAL INSURANCE AGENCY
18811 NW 39 CT 17340 NW 27TH AVE
MIAMI GARDENS, FL. 33055 MIAMI GARDENS FL 33056
(305) 610-1883 (305) 621-2939
The owned automobile(s) will be principally garaged in the town designated in lem 1, unless otherwise stated herein. (Car No. Location)
Effective Date
POLICY PERIOD: FROM: 05/31/2014 To: 07/31/2014 AM STANDARD TIME of Transaction: 05/31/2014
ESCRIPTION OF INSURED VEHICLES: RATING CLASSIFICATION
MODEL CLASS.
‘EH | YEAR MAKE / MODEL IDENTIFICATION NUMBER PHY | LIAB | AGE/ SYM | TERR
1 | 2007 |MERCEDES BENZ C280 4MATIC AWD WDBRF92H97F875158 15/15} 6/21 |[i4¢
2 | 2007 |TOYOTA COROLLA CE/S/LE JTDBR32EX70109732 27 | 27 6/14 14G
THIS POLICY DOES NOT PROVIDE AUTO BODILY I
NOT MADE AND DOES NOT.
Y BIAGILT INSURANCE OR ANY OTHER COVERAGE FOR WHICH A SPECIFIC SEMI- ANNUALIZED PREMIUM CHARGE iS
NSE (OSE COVERAGES FOR IUM CHARGE IS SHOWN
ROPERTY DAMAGE $ 10,000 /Accident
ERSONAL INJURY PROTECTION DED INS & RESIDENT RELATIVES
$10,000/Person $1000" Ss COVE ACE Ae 749 | 688
EDICAL PAYMENTS $ NONE. /Individual
OLLISION ACV 1$ 500 2$ 500 3$§
THER THAN COLLISION ACV 1$_ 500 2$ 500 3$
BAPOLICY FEE] $ 25 [SETUPFEE:[$ 10] SR22FEE! | $ 0 [TOw:] : $ 2892.00
SON FOR DECLARATION: EFFECTIVE DATE PRUSR FACTOR PREVIOUS AMO PREM*|
NEW BUSINESS 05/31/2014 0.000 0.00
SEMLANNUAL PREM NEW AMO PREMIUM >
2892.00 2892.00
"AMO PREMIUM 15 THE TOTAL PREMIUM TO BE PAID FOR THE TERM SHOWN
ADJUSTED FOR ALL PREMIUM,
PD TOTAL POINTS / TOTAL POINTS SURCHARGE
PIP TOTAL POINTS / TOTAL POINTS SURCHARGE) O% 0% 7
COMP/COLL POINTS / TOTAL POINTS SURCHARG]
10%
108
%
10%
.HC 001 (2013/02), OHC 001A (2013/02), OHC 004 (01/13)
\EMIUM FINANCE COMPANY: COUNTERSIGNATURE:
1C 002 (1708) Insured Copy Lienholder Information on Reverse Side
EK MYPAGE 2 OF 2
DRIVERS Sues ee oy Conviction. Points
“No: “Name... Accident/Conviction/Surcharge/SR22- 0. : Pas oe Date" Liability/Phy Dam: - <
1 WATKINS~GORDON, YOLANDA N SEX: F DOB: 11/21/1976 Poin a7 0
2 GORDON, ANTWANT J SEX: F DOB: 03/26/1993 Poin 0/6
ACCEPTANCE
1 999 BRICKELL AVE SUITE 900 MIAMI , FL 33131
VEH | CARDEPOT OF MIRAMAR
2 | 3530 SOUTH ST RD 7 MIRMAR , FL 33023
‘HIS POLICY DOES NOT OFFER BODILY INJURY OR UNINSURED MOTORIST COVERAGE. YOU HAVE ELECTED NOT
© ACCEPT THESE VALUABLE COVERAGES, WHICH WERE OFFERED TO YOU UPON APPLICATION FOR THE
‘OLICY.AUTO INSURANCE PLEASE SHOW POLICY NUMBER ON CHECK OR MONEY
ORDER
NOTICE OF CANCELLATION POLIGY NUMBER
OCEAN HARBOR CASUALTY INS.CO. JAJ-2967232-04
“CANCELLATION ceccorive "ADDRESS OF ISSUING OFFICE DATE OF MAILING
MeO MEAS AM) 7105 P.O. BOX 451599
07/31/2014 __| SUNRISE, FL 33345-1119 [07/08/2014
THGURED'S ANE AND ADDRESS BRODUCERS WANE AND ADRESS
YOLANDA WATKINS GORDON
18811 NW 39 CT
MIAM! GARDENS, FL 33055
{305)610-1883
ADMIRAL INSURANCE, INC.
17340 NW 27 AVE
MIAMI GARDENS, FL 33056
THE COMPANY HEREBY GIVES YOU NOTICE OF CANCELLATION OF YOUR POLICY AS OF THE CANCELLATION DATE SHOWN ABOVE BECAUSE OF
THE NON-PAYMENT OF PAST DUE PREMIUM / INSTALLMENT PAYMENT #1 NOT RECEIVED
IF YOUR AGENT RECEIVES PAYMENT BEFORE THE CANCELLATION DATE, YOUR COVERAGE WILL REMAIN ACTIVE.
IF YOU SEND YOUR PAYMENT DIRECTLY TO OCEAN HARBOR CASUALTY YOUR COVERAGE WILL. BE REINSTATED PROVIDED THAT THE PAYMENT IS
POSTMARKED PRIOR TO THE DATE OF CANCELLATION.
WE MUST RECEIVE THE TOTAL AMOUNT DUE INCLUDING ANY LATE FEES.
WARNING
‘This Cancellation or Non-renewal must be reported to the Department of Highway Safety and Motor Vehicles. You should seek replacement coverage immediately.
Failure to mantain Personal Injury Protection and Property Damage Liability Insurance on a motor vehicle when required by law may result in the loss of your
registration and driving privileges. Florida law provides that any operator or owner whose driver's license or registration has been suspended for failing to maintain
required insurance coverage may effect its reinstatement:
1. Upon compliance with the motor vehicle insurance requirements and
2. Payment to the Department of Highway Safety and Motor Vehicles a nonrefundable reinstatement fee of:
a. $10.00 for the first reinstatement;
b. $250.00 for the second reinstatement; and
¢. $600.00 for each subsequent reinstatement during the three years following the first reinstatement.
If you do not have @ second reinstatement within three years after the initial reinstatement, the reinstatement fee will be $10.00 for the first reinstatement after that
three year period.
THIS CANCELLATION SHALL REMAIN IN EFFECT AND BE APPLICABLE UNLESS THE INSURANCE COMPANY (NOT THE AGENT) REINSTATES THE
POLICY IN WRITING.
The policy will terminate on the date and time shown above unless you receive a reinstatement notice from us which is dated effective the same
cancellation effective date shown above.
PLEASE CONTACT YOUR AGENT AT (305)621-2939
TO ARRANGE PAYMENT OF THE PREMIUM DUE. OR,
MAKE CHECK PAYABLE TO OCEAN HARBOR CASUALTY, AND MAIL PAYMENT
TO THE ADDRESS SHOWN BELOW.
LIEN. ] You are hereby nolified that the above policy to the above insured is hereby cancelied (or terminated) in accordance with the conditions of the policy, said cancellation
HOLDER —_| (or termination) © be ettectve on ana ate the hour and date mentioned above
a ] Please mail payment to:
HOLDER FT ACCEPTANCE Ocean Harbor Casualty
Name AND | 999 BRICKELL AVE P.O. Box 451599
ADDRESS MIAMI, FL 33131 Sunrise, FL 33345
INSURED COPY
WCC 308 10/07 38123
eo’Pearl Holding Group
CHECK
856912
PREMIUM ACCOUNT
OCEAN HARBOR CASUALTY INS. CO.
Policy # Reason / Date Pay Type Gross Amt Gross Amt
JAJS-2967232-01 Return Premium 20.01 20.01
Check No : 856912 Return Premium
Insured : WATKINS GORDON, YOLANDA N
Agent + ADMIRAL INSURANCE, INC. [7105]
17340 NW 27 AVE
MIAMI GARDENS, FL 33056
CHECK DATE CONTROL NUMBER
08/11/2014 4500 TOTALS 20.01
Pearl Holding Group CITIBANK, F.S.B. BFL §8 CHECK NO. 856912
PREMIUM ACCOUNT TAMARAC, FL 33361
P.O. BOX 451119 Satan
Sunrise, FL 33345
Only Twenty and 01/100 DATE 08/11/2014 AMOUNT $20.01
PAY
TO THE
ORDER
oF
YOLANDA WATKINS GORDON
18811 NW 39 CT
MIAMI GARDENS, FL 33055
AUTHORIZES)
Preview
Filing # 36085722 E-Filed 01/04/2016 10:23:29 AM IN THE CIRCUIT COURT IN AND FOR BROWARD COUNTY, FLORIDA CIVIL DIVISION CASE NO.: 2015 CA 021373 (08) MIAMI AUTO MAX, INC., D/B/A CAR DEPOT OF MIRAMAR, Plaintiff, vs. ANTWANI J. MISE GORDON, YOLANDA NICOLE WATKINS-GORDON, and OCEAN HARBOR CASUALTY INSURANCE. COMPANY Defendants. / DEFENDANT’S ANSWER AND AFFIRMATIVE DEFENSES COMES NOW the Defendant, OCEAN HARBOR CASUALTY INSURANCE COMPANY (hereinafter referred to as the “Defendant”, by and through its undersigned counsel and hereby files its Answer to Plaintiff's complaint as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4, Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Denied. Defendant demands strict proof thereof at the time of trial. Our File # 15-1008 ** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 1/4/2016 10:23:29 AM.****10. Defendant has no reasons to deny the allegations at this time. Discovery is ongoing. 14. Defendant admits that on May 31, 2015, the insurer issued a policy of insurance for the 2007 Toyota Corolla, under Policy No. JAJ-2967232-01, providing all coverage(s) purchased subject to all the terms and conditions of the insurance policy. 12. Defendant has no reasons to deny the allegations at this time. Discovery is ongoing. 13 Defendant has no reasons to deny the allegations at this time. Discovery is ongoing. 14, Defendant has no reasons to deny the allegations at this time. Discovery is ongoing. 15. Defendant has no reasons to deny the allegations at this time. Discovery is ongoing. 16. Defendant has no reasons to deny the allegations at this time. Discovery is ongoing. 17. Defendant has no reasons to deny the allegations at this time. Discovery is ongoing. 18. Admitted, 19. Defendant admits receipt of the letter in question. All other allegations are denied, 20. Defendant admits to the mailing of the letter in question. All other allegations are denied. 21. Defendant is without knowledge and, thus, denies the allegations and demands strict proof thereof at the time of trial. Our File # 18-100822. Defendant admits to the mailing of the letter in question. All other allegations are denied. 23. Denied as worded. Defendant demands strict proof thereof at the time of trial. 24. Defendant admits to the mailing of the letter in question. All other allegations are denied. 25. Admitted to the extent that the Defendant has not issued any payments under Policy No. JAJ-2967232-01. All remaining allegations are denied. 26, Defendant has no reasons to deny the allegations at this time but denies any breach on the part of the Defendant. 27. Admitted to the extent that the Defendant has not issued any payments under Policy No. JAJ-2967232-01. All remaining allegations are denied. 28, Admitted to the extent that the Defendant has not issued any payments under Policy No. JAJ-2967232-01. All remaining allegations are denied. 29. Defendant has no reasons to deny the allegations at this time but denies any breach on the part of the Defendant. 30. Denied as to any breach on the part of Defendant. Defendant admits to the applicability of Fla, Stat. 627.428 31. Admitted. RESPONSE TO COUNTI 32. Defendant incorporates paragraph 1-31 as though fully admitted herein. 33. Defendant demands strict proof thereof at the time of trial. 34, Defendant demands strict proof thereof at the time of trial. 35. Defendant demands strict proof thereof at the time of trial. 36. Defendant demands strict proof thereof at the time of trial. 37, Defendant demands strict proof thereof at the time of trial. Our File # 15-100838. 39. 40. 41. 42. 43. 44, 45. A6. 47. 48. 49. 50. 51. 92. 53. 54, 55. 56. 57. 58. 59. 60. 61. Our Fite # 15-1008 Defendant demands strict proof thereof at the time of trial. Defendant demands strict proof thereof at the time of trial. Defendant demands strict proof thereof at the time of trial. Defendant demands strict proof thereof at the time of trial, Defendant demands strict proof thereof at the time of trial. Admitted, RESPONSE TO COUNT II Defendant incorporates paragraph 1-31 as though fully admitted herein. Defendant demands strict proof thereof at the time of trial. Defendant demands strict proof thereof at the time of trial. Defendant demands strict proof thereof at the time of trial. Defendant demands strict proof thereof at the time of trial. Defendant demands strict proof thereof at the time of trial. Defendant demands strict proof thereof at the time of trial. Defendant demands strict proof thereof at the time of trial. Defendant demands strict proof thereof at the time of trial. Defendant demands strict proof thereof at the time of trial. Defendant demands strict proof thereof at the time of trial. Defendant demands strict proof thereof at the time of trial. Defendant demands strict proof thereof at the time of trial. Admitted. RESPONSE TO COUNT III Defendant incorporates paragraph 1-31 as though fully admitted herein. Defendant demands strict proof thereof at the time of trial. Defendant demands strict proof thereof at the time of trial, Defendant demands strict proof thereof at the time of trial.62, 63. 64. 65. 66. 67. 68. 69. 70. 71. Defendant demands strict proof thereof at the time of trial. Defendant demands strict proof thereof at the time of trial. Admitted. RESPONSE TO COUNT IV Defendant incorporates paragraph 1-31 as though fully admitted herein Denied. Defendant demands strict proof thereof at the time of trial. Denied as worded, Defendant demands strict proof thereof at the time of trial. Denied as worded. Defendant demands strict proof thereof at the time of trial. Denied. Defendant demands strict proof thereof at the time of trial. Denied. Defendant demands strict proof thereof at the time of trial. Denied as to any breach on the part of Defendant. Defendant demands strict proof thereof at the time of trial. 72, Denied as to any breach on the part of Defendant. Defendant demands strict proof thereof at the time of trial. 73. Denied as to any breach on the part of Defendant. Defendant demands strict proof thereof at the time of trial. 74, Denied as to any breach on the part of Defendant. Defendant demands strict proof thereof at the time of trial. 75. 76. 77. 78. Admitted. RESPONSE TO COUNT V Defendant incorporates paragraph 1-31 as though fully admitted herein Admitted for purposes of this Count. Denied as to any breach on the part of Defendant. Defendant demands strict proof thereof at the time of trial. 79, Our Fite # 15-1008 Denied as to any breach on the part of Defendant. Defendant demands strictproof thereof at the time of trial. 80. Denied as fo any breach on the part of Defendant. Defendant demands strict proof thereof at the time of trial. 81. Denied as to any breach on the part of Defendant. Defendant demands strict proof thereof at the time of trial. 82, Denied as to any breach on the part of Defendant. Defendant demands strict proof thereof at the time of trial. 83. Denied as to any breach on the part of Defendant. Defendant demands strict proof thereof at the time of trial. 84, Denied as to any breach on the part of Defendant. Defendant demands strict proof thereof at the time of trial. 85. Denied as to any breach on the part of Defendant. Defendant demands strict proof thereof at the time of trial. 86. Denied as to any breach on the part of Defendant. Defendant demands strict proof thereof at the time of trial. 87. Admitted. AFFIRMATIVE DEFENSES 88. Defendant asserts that there is no coverage for this loss as the policy of insurance in question was canceled prior to the loss in question. Specifically, on May 31, 2014, a policy of insurance, bearing Policy Number JAJ-2967232-01 was issued for Yolanda Watkins- Gordon for coverage of a 2007 Toyota Corolla. (See Ex “A") On July 8, 2014, the insured was provided with a Notice of Cancellation due to the insured's failure to pay for his insurance premiums. (See Ex “B") The notice provided for a cancellation date of July 31%, 2014, affording the insured an opportunity to make his premium payments. The insured missed the deadline and the policy canceled as of July 31°, 2014. On August 11, 2014, a draft was issued to the insured for $20.01 in unearned premiums and was accepted by the insured. According to ‘Our File # 15-1008Plaintiffs Complaint, the automobile accident in question occurred sometime between September 19", 2014 and December 16", 2014. (See Paragraph 13 of Plaintiffs Complaint) 89. Defendant asserts that the Plaintiff, as a lienholder to the vehicle in question, or even as a third party beneficiary if the Court finds the Plaintiff to be one, does not have legal standing to sue the insurer, Ocean Harbor, to enforce the insurance contract between Ocean Harbor and its insured. WHEREFORE Defendant, OCEAN HARBOR CASUALTY INSURANCE COMPANY, respectfully requests a judgment in its favor and any other relief deemed just and proper by the court, including the award of attorney's fees and costs if permitted by law CERTIFICATE OF SERVICE | CERTIFY that a copy hereof has been furnished this 4" day of January, 2016, to: Alan K. Marcus, Esquire, MARCUS LAW CENTER, LLC, via designated e-mail service: amarcus@marcuslawcenter.com LAWRENCE D. POPRITKIN, P.A. Staff Counsel for Defendant 11575 Heron Bay Blvd., Suite 102 Coral Springs, Florida 33076 (954) 791-7240 Telephone (954) 791-7331 Facsimile Designated E-Mail Address: Filings@idplaw.net BY:/s/ Lawrence D. Popritkin Lawrence D. Popritkin, Esq. Florida Bar No. 0119946 Our File # 15-1008CEAN HARBOR CASUALTY INS. CO PAGE 1 OF 2 IF AMEXDED, THIS DECLARATION PAGE >.0, BOX 451119 SUPERSEDES ALL VRIOR DECLARATIONS junrise, FL 33345-1119 oF covmraces rww. Pear lHolding.com JUPLICATE Date ofissue: 12/19/15 “SROLICY. NUMBER =] AT DATE OF LOSS PRODUCER CODE JAI-2967232-01 DECLARATIONS 7302 For a copy of the policy terms and conditions please go to www. v-RearlHolding.c com. and click on “Policy Terms & Condition: IAMED INSURED. AND. MAILING ADDRESS. Ee RODUCER s YOLANDA N WATKINS GORDON ADMIRAL INSURANCE AGENCY 18811 NW 39 CT 17340 NW 27TH AVE MIAMI GARDENS, FL. 33055 MIAMI GARDENS FL 33056 (305) 610-1883 (305) 621-2939 The owned automobile(s) will be principally garaged in the town designated in lem 1, unless otherwise stated herein. (Car No. Location) Effective Date POLICY PERIOD: FROM: 05/31/2014 To: 07/31/2014 AM STANDARD TIME of Transaction: 05/31/2014 ESCRIPTION OF INSURED VEHICLES: RATING CLASSIFICATION MODEL CLASS. ‘EH | YEAR MAKE / MODEL IDENTIFICATION NUMBER PHY | LIAB | AGE/ SYM | TERR 1 | 2007 |MERCEDES BENZ C280 4MATIC AWD WDBRF92H97F875158 15/15} 6/21 |[i4¢ 2 | 2007 |TOYOTA COROLLA CE/S/LE JTDBR32EX70109732 27 | 27 6/14 14G THIS POLICY DOES NOT PROVIDE AUTO BODILY I NOT MADE AND DOES NOT. Y BIAGILT INSURANCE OR ANY OTHER COVERAGE FOR WHICH A SPECIFIC SEMI- ANNUALIZED PREMIUM CHARGE iS NSE (OSE COVERAGES FOR IUM CHARGE IS SHOWN ROPERTY DAMAGE $ 10,000 /Accident ERSONAL INJURY PROTECTION DED INS & RESIDENT RELATIVES $10,000/Person $1000" Ss COVE ACE Ae 749 | 688 EDICAL PAYMENTS $ NONE. /Individual OLLISION ACV 1$ 500 2$ 500 3$§ THER THAN COLLISION ACV 1$_ 500 2$ 500 3$ BAPOLICY FEE] $ 25 [SETUPFEE:[$ 10] SR22FEE! | $ 0 [TOw:] : $ 2892.00 SON FOR DECLARATION: EFFECTIVE DATE PRUSR FACTOR PREVIOUS AMO PREM*| NEW BUSINESS 05/31/2014 0.000 0.00 SEMLANNUAL PREM NEW AMO PREMIUM > 2892.00 2892.00 "AMO PREMIUM 15 THE TOTAL PREMIUM TO BE PAID FOR THE TERM SHOWN ADJUSTED FOR ALL PREMIUM, PD TOTAL POINTS / TOTAL POINTS SURCHARGE PIP TOTAL POINTS / TOTAL POINTS SURCHARGE) O% 0% 7 COMP/COLL POINTS / TOTAL POINTS SURCHARG] 10% 108 % 10% .HC 001 (2013/02), OHC 001A (2013/02), OHC 004 (01/13) \EMIUM FINANCE COMPANY: COUNTERSIGNATURE: 1C 002 (1708) Insured Copy Lienholder Information on Reverse Side EK MYPAGE 2 OF 2 DRIVERS Sues ee oy Conviction. Points “No: “Name... Accident/Conviction/Surcharge/SR22- 0. : Pas oe Date" Liability/Phy Dam: - < 1 WATKINS~GORDON, YOLANDA N SEX: F DOB: 11/21/1976 Poin a7 0 2 GORDON, ANTWANT J SEX: F DOB: 03/26/1993 Poin 0/6 ACCEPTANCE 1 999 BRICKELL AVE SUITE 900 MIAMI , FL 33131 VEH | CARDEPOT OF MIRAMAR 2 | 3530 SOUTH ST RD 7 MIRMAR , FL 33023 ‘HIS POLICY DOES NOT OFFER BODILY INJURY OR UNINSURED MOTORIST COVERAGE. YOU HAVE ELECTED NOT © ACCEPT THESE VALUABLE COVERAGES, WHICH WERE OFFERED TO YOU UPON APPLICATION FOR THE ‘OLICY.AUTO INSURANCE PLEASE SHOW POLICY NUMBER ON CHECK OR MONEY ORDER NOTICE OF CANCELLATION POLIGY NUMBER OCEAN HARBOR CASUALTY INS.CO. JAJ-2967232-04 “CANCELLATION ceccorive "ADDRESS OF ISSUING OFFICE DATE OF MAILING MeO MEAS AM) 7105 P.O. BOX 451599 07/31/2014 __| SUNRISE, FL 33345-1119 [07/08/2014 THGURED'S ANE AND ADDRESS BRODUCERS WANE AND ADRESS YOLANDA WATKINS GORDON 18811 NW 39 CT MIAM! GARDENS, FL 33055 {305)610-1883 ADMIRAL INSURANCE, INC. 17340 NW 27 AVE MIAMI GARDENS, FL 33056 THE COMPANY HEREBY GIVES YOU NOTICE OF CANCELLATION OF YOUR POLICY AS OF THE CANCELLATION DATE SHOWN ABOVE BECAUSE OF THE NON-PAYMENT OF PAST DUE PREMIUM / INSTALLMENT PAYMENT #1 NOT RECEIVED IF YOUR AGENT RECEIVES PAYMENT BEFORE THE CANCELLATION DATE, YOUR COVERAGE WILL REMAIN ACTIVE. IF YOU SEND YOUR PAYMENT DIRECTLY TO OCEAN HARBOR CASUALTY YOUR COVERAGE WILL. BE REINSTATED PROVIDED THAT THE PAYMENT IS POSTMARKED PRIOR TO THE DATE OF CANCELLATION. WE MUST RECEIVE THE TOTAL AMOUNT DUE INCLUDING ANY LATE FEES. WARNING ‘This Cancellation or Non-renewal must be reported to the Department of Highway Safety and Motor Vehicles. You should seek replacement coverage immediately. Failure to mantain Personal Injury Protection and Property Damage Liability Insurance on a motor vehicle when required by law may result in the loss of your registration and driving privileges. Florida law provides that any operator or owner whose driver's license or registration has been suspended for failing to maintain required insurance coverage may effect its reinstatement: 1. Upon compliance with the motor vehicle insurance requirements and 2. Payment to the Department of Highway Safety and Motor Vehicles a nonrefundable reinstatement fee of: a. $10.00 for the first reinstatement; b. $250.00 for the second reinstatement; and ¢. $600.00 for each subsequent reinstatement during the three years following the first reinstatement. If you do not have @ second reinstatement within three years after the initial reinstatement, the reinstatement fee will be $10.00 for the first reinstatement after that three year period. THIS CANCELLATION SHALL REMAIN IN EFFECT AND BE APPLICABLE UNLESS THE INSURANCE COMPANY (NOT THE AGENT) REINSTATES THE POLICY IN WRITING. The policy will terminate on the date and time shown above unless you receive a reinstatement notice from us which is dated effective the same cancellation effective date shown above. PLEASE CONTACT YOUR AGENT AT (305)621-2939 TO ARRANGE PAYMENT OF THE PREMIUM DUE. OR, MAKE CHECK PAYABLE TO OCEAN HARBOR CASUALTY, AND MAIL PAYMENT TO THE ADDRESS SHOWN BELOW. LIEN. ] You are hereby nolified that the above policy to the above insured is hereby cancelied (or terminated) in accordance with the conditions of the policy, said cancellation HOLDER —_| (or termination) © be ettectve on ana ate the hour and date mentioned above a ] Please mail payment to: HOLDER FT ACCEPTANCE Ocean Harbor Casualty Name AND | 999 BRICKELL AVE P.O. Box 451599 ADDRESS MIAMI, FL 33131 Sunrise, FL 33345 INSURED COPY WCC 308 10/07 38123 eo’Pearl Holding Group CHECK 856912 PREMIUM ACCOUNT OCEAN HARBOR CASUALTY INS. CO. Policy # Reason / Date Pay Type Gross Amt Gross Amt JAJS-2967232-01 Return Premium 20.01 20.01 Check No : 856912 Return Premium Insured : WATKINS GORDON, YOLANDA N Agent + ADMIRAL INSURANCE, INC. [7105] 17340 NW 27 AVE MIAMI GARDENS, FL 33056 CHECK DATE CONTROL NUMBER 08/11/2014 4500 TOTALS 20.01 Pearl Holding Group CITIBANK, F.S.B. BFL §8 CHECK NO. 856912 PREMIUM ACCOUNT TAMARAC, FL 33361 P.O. BOX 451119 Satan Sunrise, FL 33345 Only Twenty and 01/100 DATE 08/11/2014 AMOUNT $20.01 PAY TO THE ORDER oF YOLANDA WATKINS GORDON 18811 NW 39 CT MIAMI GARDENS, FL 33055 AUTHORIZES)